Chapter 3: The Constitution
Section 1: Basic Principles
Outline of the Constitution
 Preamble
 Seven articles
Legislative Branch
The three branches
Executive Branch
of government
Judicial Branch
States’ relationship to the national government
and to each other
5. Amendments
6. Supreme law of the land
7. Ratification
1.
2.
3.
4.

Amendments (27)
Outline of the Constitution
The Constitution:
The Constitution:
1. Legislative Branch
1. Leaves
2. Executive Branch
2. Every
3. Judicial Branch
3. Judge
4. States’ relationship to national
government and each other
4. Single
5. Amendments
5. And
6. Supreme law of the land
6. Seeking
7. Ratification
7. Romance
Six Principles of the
Constitution
1.
2.
3.
4.
5.
6.
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
Principle #1: Popular
Sovereignty
 “Popular sovereignty”: The idea that power
resides with the people
 Government can only govern with the consent of
the governed
 The people have given the gov’t its power, as seen
in the Preamble:
“We the People of the United States… do ordain
and establish this Constitution for the United
States of America.”
 Government is run by elected leaders chosen by
the people to represent them
Principle #2: Limited
Government
 “Limited government”: The idea that the
government is only allowed to do the specific
things that the people have given it the power to
do
 Also called “constitutionalism”: The idea that
government must be run according to the
constitution
 Also called “rule of law”: The idea that
government officials must act within the law;
they are never above it
Principle #3: Separation of
Powers
 The three basic functions of government are
divided among three distinct branches:
Branch
Article of
Function
Constitution
Legislative I
Executive
II
Judicial
III
Make laws
Enforce
laws
Interpret
laws
Highest
Government
Body
Congress
President
Supreme
Court
Principle #4: Checks and
Balances
 “Check”: A restriction that
one branch of government
has over the power of
another
 “Balances”: All three
branches are equally
important and none is more
powerful than another
 System designed to prevent
a few people in one branch
from having too much
power
Checks and Balances Summary
Legislative
Branch
(Congress)
Checks on Judicial:
•Creates lower courts
•Impeach judges
•Propose amendments to
overrule judicial rulings
•Approve appointments of
federal judges
Checks on Executive:
•Override veto
•Confirm presidential
appointments
•Control money
•Declare war
•Ratify treaties
•Impeach president
Executive Branch
(President)
Checks on Legislative:
•Propose laws
•Veto laws
•Call special sessions of
Congress
•Negotiate treaties
Checks on Judicial:
•Appoints federal judges
•Grant pardons to federal
offenders
Judicial Branch
(Federal Courts)
Checks on Executive:
•Declare executive actions
unconstitutional
Checks on Legislative:
•Declare acts of Congress
unconstitutional
Principle #5: Judicial Review
 The courts’ power to declare a government action
unconstitutional
 Established by 1803 Supreme Court case Marbury
v. Madison.
 Supreme Court has struck down:
 About 150 acts of Congress
 Several presidential actions
 Hundreds of state and local laws
Discussion Question:
Judicial Review
 Facts:
 Not all speech is protected under the
First Amendment. For example, you
can’t yell “Fire!” in a crowded theater.
 “Incitement” is an example of nonprotected speech. It’s when you work
up a crowd to go commit illegal acts.
 One test to decide if something is
incitement is “proximity”: The person
must be physically near the crowd.
Discussion Question
 Question:
 A film director makes a movie about
Mohammed that is so offensive to
Muslims that demonstrators attack
American Embassies in Muslim
countries and some Americans are
killed.
 Should the definition of incitement be
changed to eliminate the requirement
of proximity?
Principle #6: Federalism
 Government power is divided between national
and state levels of government
 Compromise between states’ desires to govern
themselves and the need for a central government
strong enough to be effective
Federalism Venn Diagram
National Government
State Government
-Run elections
-Declare war
-Taxes
-InTRAstate trade
-Maintain military -Build roads
-Set up local gov’ts
-Foreign policy
-Borrow money -Maintain schools
-Post offices
-Establish courts -ANY other
-Make money
-Provide for
powers not given
-Interstate
public welfare to national gov’t or
& foreign trade
& security prohibited for the
-Copyrights/Patents
states
Supplement: Articles of the
Constitution
Article I: Legislative Branch
Section 1: Congress
 Congress has the power to make laws
 Congress is “bicameral” (has two houses); made up
of the Senate and the House of Representatives
Article I: Legislative Branch
Sect. 2: House of Representatives
 Clause 1: Members elected every 2 years
 Clause 2: Qualifications
 25 years old
 A citizen of the US for at least 7 years
 Live in the state in which s/he is elected
 Clause 3: Apportionment (Assigning number of Reps per state)
 Distributed by population
 Counted all free persons & 3/5 of “other persons” (slaves)—The Three-Fifths
Compromise (nullified by 13th Amendment)
 Talks about how to decide the number of representatives per state, but today
the total is set at 435.
 Clause 4: If a representative dies or leaves office, the governor of
that state must call a special election to replace him or her.
 Clause 5: House chooses its own Speaker and other officers and
may impeach them
Article I: Legislative Branch
Section 3: Senate
 Clause 1:
 Two Senators from each State
 Term of 6 years
 Clause 2:
 Elections are held every two years, with 1/3 of
senators up for election each time
 Talks about how vacancies are filled if a senator dies or
leaves office, but today the governor of a state chooses
a replacement.
 Clause 3: Qualifications
 30 years old
 Citizen of the US for nine years
 Lives in the state where elected
Article I: Legislative Branch
Section 3: Senate, cont’d
 Clause 4: Vice President of the US is President of the
Senate but only votes in case of a tie
 Clause 5: Senate chooses its own officers, including a
President pro tempore (“President pro tem”), who acts as
president when the VP is absent (which is most of the
time)
 Clause 6: Impeachments
 Senate is the jury in federal impeachments
 If the president is being impeached, the Chief Justice of the
Supreme Court presides
 Impeachment requires a 2/3 vote of senators present
 Clause 7:
 Maximum penalty under impeachment is removal from
office
 Impeached official is still open to charges of other crimes
Article I: Legislative Branch
Section 4: Elections, Meetings
 Clause 1: Each state can decide when, where, and
how Senators & Representatives are elected
 Congress later required states to set up congressional
districts, with each district getting one Representative
 Congress also later required that congressional
elections are held on the same day in every state, in
even-numbered years
 Clause 2: Congress must meet once a year
Article I: Legislative Branch
Section 5: Conducting Business
 Clause 1:
 Each house decides whether its members are qualified
 Must have a “quorum,” a majority, to do business
 Each sets its own rules to deal with absent members
 Clause 2: Each house can create/enforce its own rules
 Clause 3: Each house must keep a record of its
proceedings and votes, unless there is some reason
something must be kept secret
 Clause 4:
 Neither house can adjourn more than 3 days without
other’s consent
 Both houses must meet in their official location
Article I: Legislative Branch
Section 6: Employment
 Clause 1:
 Senators & Representatives are paid by the Treasury
 They can’t be arrested for civil cases while in session
or on their way to or from a session; they can still be
arrested for crimes
 They can’t be sued for anything they say in session
 Clause 2:
 A member of Congress can’t hold any other federal
jobs during their term
 A former member can’t hold a federal office created
while s/he was in Congress
Article I: Legislative Branch
Section 7: Making Laws
 Clause 1: Any law raising money must originate in
the House (the House “holds the gov’ts pursestrings”)
Article I: Legislative Branch
Section 7: Making Laws
 Clause 2: How a Bill Becomes a Law
The bill passes both houses
2. It goes to the president
3. There is a 10-day deadline for action. In that time,
one of the following will happen:
1.
 The president signs it and it becomes law.
 The president vetoes it and returns it to the house in which it
originated.
 The president fails to act, and if Congress is still in session
after ten days it becomes law.
 If Congress adjourns in less than ten days, the president may
choose not to sign the bill and it dies. This is a “pocket veto.”
Article I: Legislative Branch
Section 7: Making Laws
 Clause 2: How a Bill Becomes a Law (cont’d)
4.
If the bill is vetoes and returned to Congress, they
may still pass it by overriding the president’s veto
with a 2/3 vote in both houses.
Article I: Legislative Branch
Section 7: Making Laws
 Clause 3: Resolutions are passed the same way as
bills (i.e., they go to the president for signature, but
a veto may be overridden with a 2/3 vote)
Article I: Legislative Branch
Section 8: Powers of Congress
Note: These 18 powers are also called the
“enumerated” (listed) powers.
 Clause 1: To collect taxes
 Clause 2: To borrow money
 Clause 3: To regulate foreign and interstate
commerce
 Clause 4: Establish laws about becoming a citizen
and about bankruptcy
 Clause 5: To make money and standardize weights
and measures
 Clause 6: To set punishments for counterfeiting
Article I: Legislative Branch
Section 8: Powers of Congress
 Clause 7: Establish Post Offices and post roads
 Clause 8: Establish copyrights & patents
 Clause 9: Establish federal courts lower than
the Supreme Court
 Clause 10: Establish maritime law
 Clause 11: Declare war
 Clause 12: Raise and maintain armies
 Clause 13: Provide and maintain a navy
 Clause 14: Establish military law
Article I: Legislative Branch
Section 8: Powers of Congress
 Clause 15: Provide for calling forth the Militia
(today this is the National Guard)
 Clause 16: Provide for organizing, arming,
disciplining and training the Militia
 Clause 17: To have legislative authority over
Washington, D.C. and territories purchased by the
U.S.
 Clause 18: To make all laws “necessary and
proper” to carry out the powers in clauses 1-17 (the
“Necessary and Proper Clause”)
Article I: Legislative Branch
Sect. 9: Powers Denied Congress
 Clause 1: Congress can’t outlaw the slave trade before
1808 (outdated, obviously)
 Clause 2: Can’t suspend right of habeas corpus
except during rebellion or invasion. Right of habeas
corpus means that prisoners must be taken to court
and told why they are being held.
 Clause 3:
 No bills of attainder: laws saying someone is guilty of
a crime
 No ex post facto laws: laws that punish an act that
was committed before it was illegal
Article I: Legislative Branch
Sect. 9: Powers Denied Congress
 Clause 4: No direct taxes unless in proportion with




the census
Clause 5: No taxes on exports
Clause 6: Can’t give preferential treatment for trade
to one state over another
Clause 7: Can’t withdraw money from Treasury
without “appropriating” it (passing a law to take
it)
Clause 8: The U.S. can’t give titles of nobility, and
no one holding office in the U.S. can accept a title
from a foreign country
Article I: Legislative Branch
Section 10: Powers Denied States
 Clause 1: States cannot:
 Enter into treaties
 Grant letters of marque and reprisal
 Make money
 Give bills of credit
 Pass bills of attainder, ex post facto laws, or laws that
interfere with contracts
 Grant titles of nobility
Article I: Legislative Branch
Section 10: Powers Denied States
 Clause 2: States can’t charge taxes on imports or
exports. They can charge inspection fees but any
profits go to the U.S. Treasury
 Clause 3: States can’t
 Maintain an army or navy
 Make treaties
 Declare war, unless they are invaded or about to be
invaded
Article II: Executive Branch
Section 1: Office of President
 Clause 1:
 The president holds executive power
 President and Vice president have 4 year term
 Clause 2: Establishes Electoral College
 Clause 3: Nullified by the 12th Amendment
 Clause 4: Congress sets the presidential election date
 Clause 5: Requirements to be president
 Natural born citizen
 At least 35 years old
 Living in the U.S. for at least 14 years
 Clause 6: Modified by 25th Amendment
 Clause 7: The president gets paid.
 Clause 8: Creates the Oath of Office
Article II: Executive Branch
Section 2: Presidential Powers
 Clause 1
 Commander in Chief of the military
 Power to Grant Pardons
 Clause 2
 Power to make treaties
 Power to appoint ambassadors, Supreme Court
judges, and other officers
 Clause 3: Power to fill vacancies when Senate is out
of session
Article II: Executive Branch
Section 3: Presidential Powers
 State of the Union Address
 Convene Congress
Presidential Powers Mnemonic
The President has lots of VETS CAPS:
 Veto power
 Executive power
 Treaty power
 State of the Union Address
 Commander in Chief
 Appointment power
 Pardon power
 Special sessions of Congress
Article II: Executive Branch
Section 4: Impeachment
 President and Vice President can be impeached for
“Treason, Bribery, or other high Crimes and
Misdemeanors.”
Article III: Judicial Branch
 Section 1: Establishes Supreme Court and gives it
all judicial power
 Section 2
 Clause 1: Establishes jurisdiction of federal courts
 Clause 2: Lists types of cases where Supreme Court
has original jurisdiction and appellate jurisdiction
 Clause 3: All trials of crimes held in federal courts
will be jury trials
 Section 3: Treason
 Definition of treason
 Relatives of person convicted of treason can’t be
punished
Article IV: The States
 Section 1: Each state has to recognize the laws, public acts,
and records of other states
 Section 2:
 Clause 1: States can’t discriminate against residents of other states
 Clause 2: If a person flees their state to escape justice, the state
s/he must be extradited on demand
 Clause 3: Fugitive slave clause. Nullified by 13th Amendment
 Section 3:
 Clause 1: Makes it possible to create new states
 Clause 2: All territories owned by the US are under the control of
Congress (refers to the Western Territories that weren’t states yet)
 Section 4:
 All states will have a representative style of government
 The federal government will provide the states with military
defense and support
Article V: Amendments
 An amendment may be proposed by either 2/3 of
Congress, or 2/3 of state conventions called by
Congress at the request of the states
 An amendment may be ratified by either 3/4 of
state legislatures, or 3/4 of state conventions
 No amendments could be made before 1808 to outlaw the
slave trade (expired)
 No amendment may end the equal representation
of states in the Senate
Article VI: Supremacy and
Debts
 Clause 1: The new government agrees to take on all
debts of the old government under the Articles of
Confederation
 Clause 2: The Constitution is the Supreme Law of
the Land (the “Supremacy Clause”)
 Clause 3:
 All members of Congress must take an oath to
uphold the Constitution
 Members of Congress shall not be required to pass
any religious test or have a certain religious affiliation
Article VII: Ratification
 Nine states had to ratify the Constitution for it to
be enacted.
Section 2: Formal
Amendment
Amendments
 A change made to the Constitution
 Made by adding text to the end of the document
 Currently, there are 27 Constitutional
amendments.
 The Constitution explains how amendments may
be made
 Amendments are purposely difficult to make, so
that people cannot easily change the Constitution
Amendment Process
 Amendment is “proposed” (introduced) by
either:
2/3
3/4
 Congress proposes an amendment and it passes
by a 2/3 vote in both houses
 A national convention, called by Congress at the
request of at least 2/3 of state legislatures
 Amendment is “ratified” (approved) by either:
 3/4 of state legislatures
 Conventions are called in all 50 states, and 3/4 of
them must ratify
Discussion Question
 Why did the Framers make it so
difficult to amend the Constitution?
Federalism & Amendments
 The national level of government proposes
amendments
 The state level ratifies them
Popular Sovereignty &
Amendments
 Ratification is done by either:
 Delegates elected by the people to a state
convention
 Representatives elected by the people to the state
legislature
 Either way, the people decide whether or not to
ratify the amendment
How Amendments are
Proposed
 Congress (or a national convention) proposes the
amendment
 The amendment is sent to the states for
ratification
 It is NOT sent to the president, like a law
How Amendments are Ratified
 The state legislatures or conventions vote on
ratification
 Congress usually sets a time limit for ratification,
like 7-10 years
 Within that time, the states vote.
 If they reject the amendment, they can later change
their mind, as long as they are still within the time
limit
 If they accept the amendment, they are not allowed
to change their mind later
The 27 Amendments
 1-10: Bill of Rights
 11-12: Pre-Civil War
 13-15: Civil War Amendments
 16-27: 20th Century
Supplement: Mnemonics for
the Amendments
The Bill of Rights, 1-3
Amendment
1
2
3
Right
Mnemonic
Freedom of speech, religion, PAPERS:
speech, press, & assembly
- Press
- Assembly
- Petition
- Religion
- Speech
Right to bear arms
Two Bare Arms:
No soldiers may be
Three Quarters in my
quartered in a house without Pocket
owners consent
Bill of Rights, 4-6
“Miranda Rights”
Amendment
4
5
6
Right
Mnemonic
No unreasonable searches or
seizures
“What are you
searching
4?”
No double jeopardy, no
testifying against yourself,
right to due process, private
property can’t be taken
without compensation
“I plead the Fifth!”
(Protection in court)
Right to speedy trial by
The words Public, Speedy, and
impartial jury, right to know Trials all have 6 letters.
what you’re accused of, right
to confront your accuser,
right to witnesses in your
favor, right to an attorney
Bill of Rights 7-8
Amendment
7
8
Right
Right to trial by jury in civil
matters over $20
Mnemonic
7
“Lucky ” may bring you a
better settlement with a jury
trial
No excessive bail or fines, no It would be cruel and
cruel and unusual
unusual punishment if the
punishment
judge “ate” you.
Bill of Rights 9-10
Amendment
9
10
Right
Mnemonic
The rights listed in the
Constitution are not the
only rights people have.
The 9eople have other
rights!
Powers not given to the US
States and people get the last
or prohibited to the states by word (last amendment of the
the Constitution go to the
Bill of Rights)
states or the people
(Reserved Powers Clause)
Pre-Civil War Amendments
Amendment
11
12
Right
Mnemonic
Cannot sue another state
without permission from
that state’s court
1 person needs court
permission to sue 1 state.
Separate ballots must be cast
for the President and Vice
President
These are the # & #
jobs in the country
1 2
Civil War Amendments
Amendment
13
14
15
Right
Mnemonic
Slavery is illegal.
The original 13 colonies
had slaves.
Foreign-born citizens (read:
“former slaves”) have the
same rights as natural born
citizens
Amendment “Foreignteen”
Right to vote can’t be taken
away because of race, color,
or previous condition of
servitude
When you’re 15, you can get
your “racing” (driving)
permit.
20th Century Amendments
16-19
Amendment
“In come
Senators
with alcohol
& women.”
16
17
18
19
Right
Mnemonic
Federal government
has the power to tax
Can get a job at 16 and
pay income taxes
Election of senators
by the people
7 – 1 = 6 years in a
Senator’s term
Banned manufacture, You can’t drink at 18.
sale, or transportation
of alcohol
Gave women the right 1 pregnant
to vote
woman suffers
for 9 months.
20th Century Amendments
19-21
Amendment
20
21
Right
Mnemonic
President takes office on Jan. President takes office on
20; how often Congress
January 20.
meets; how to replace a
Representative
Repealed the 18th
Amendment (banning
alcohol)
You CAN drink at 21
20th Century Amendments
22-24
Amendment
22
23
24
Right
Mnemonic
President may only serve
two terms in office.
President is limited “to two”
(2-2) terms.
Allowed residents of
Washington, D.C. to vote
“2-3-DC”
Prohibits poll taxes
On Dec. 24,
Santa is busy
at the No Poll
(North Pole)
20th Century Amendments
25-27
Amendment
25
26
27
Right
Mnemonic
Order of succession to fill
the presidency
“Amendment 25 if the
president’s not alive.”
Lowered voting age to 18
2 + 6 = 8(teen)
If Congress votes to give
itself a pay raise, it won’t
take effect until the next
Congressional election.
We could “raise” the number
of letters in the alphabet to
27.
Section 3: Change by Other
Means
Other Ways to Change the
Meaning of the Constitution
1.
2.
3.
4.
5.
Basic legislation
Executive action
Court decisions
Party practices
Custom and usage
Change through Legislation
 Laws can help explain the
meaning of the
Constitution
Examples of Change through
Legislation
 Judiciary Act of 1789
 Constitution says Congress was to set up federal
courts (other than Supreme Ct.) but didn’t say how
 Judiciary Act passed during first session of
Congress to create the first courts
 Since then, federal courts have been established by
acts of Congress
 Power to Regulate Commerce
 Constitution gives Congress power to regulate
commerce, but is vague about how
 Congress has passed laws regulating trade, which
establishes how it uses this power
Change through Executive
Action
 “Executive Action”:
Actions taken by the
president
 Presidents’ actions over
the years have
expanded on the
powers already given
to them by the
Constitution
Vice President Joe Biden and President
Barack Obama in the Oval Office
July 31, 2012
Official White House photo
Examples of Change through
Executive Actions
 Thomas Jefferson made the Louisiana Purchase,
doubling the size of the U.S.
 Presidents can make “executive agreements” with
foreign leaders
 Executive agreements don’t have to be approved by
Congress; treaties do
 Recent presidents have used executive agreements
rather than treaties
 President is commander in chief of the military
 Only Congress can declare war
 Presidents have sent troops into combat without a
declaration of war
Change through Court
Decisions
 Through the power of judicial review, Supreme
Court can declare laws unconstitutional
 The way courts
interpret the
Constitution become
“precedents”: court
decisions from the
past that help
determine how courts
will decide similar
issues in the future
Courtroom of the U.S. Supreme Court
Change through Political
Parties
 Parties didn’t exist when Constitution was
written
 Actions of the parties have shaped how the
Constitution is implemented
Examples of Change through
Political Parties
 Nomination of presidential candidates
 Constitution doesn’t explain how candidates will be
nominated
 Political parties have developed their own systems
 Effect on electoral college
 Constitution says electoral college is a group of
representatives from each state that elects the
President
 Today, electoral college includes delegates based on
people’s votes by party
 Congress is organized by party
 President considers party in appointments
Discussion Question
 Do you think political parties should
have influence over how we
interpret the Constitution?
Examples of Change through
Custom
 Heads of the different executive department
make up the group of advisors to the President
called the “Cabinet”
 When a President dies in office, the Vice
President takes over the office
 This custom was made official in the 25th
Amendment in 1967; until then it was just custom
 President only serves two terms
 Until Franklin Roosevelt, this was a custom
 Roosevelt was elected for four terms
 After Roosevelt, the 22nd Amendment limited terms
to 2.